DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
Applicant’s cancellation of claim 1 and the addition of claims 2-20 in the response filed January 14, 2026, are acknowledged by the Examiner.
Claims 2-20 are pending.
Response to Arguments
Applicant’s cancellation of claim 1 has rendered the Double Patenting rejection moot, it is withdrawn.
The new rejections below are necessitated by applicant’s amendments.
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18 should recite “…. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 is dependent on claim 3 and refers to “the second portion of the base member” in lines 1-2. However, there is insufficient antecedent basis for this limitation. It appears that claim 7 should be dependent on claim 6 to have sufficient antecedent basis.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-7, 9-14, and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 2002/0014567 (“King et al”) in view of US 2002/0128577 (“Smart”).
With respect to claim 2, King et al discloses a medical positioning apparatus for positioning and holding an object (Fig 1, abs), comprising:
an elongated first member extending between a first end and a second end (Fig 1, elongate member 24,26,16 with an end at 18 and another end at 14);
a support member for receiving the object extending along a first axis (Fig 1, support 20 for receiving an object 22, axis of member 26), movably secured to the first end of the first member via a first joint mechanism positioned at a first end of the support member (Fig 1, first joint 18), …
a base member movably secured to the second end of the first member via a second joint mechanism (Fig 1, base 12, second joint 14);
wherein the first and second joint mechanisms each have at least two rotational degrees of freedom ([0020], [0026], first and second joints are ball and socket so they have at least two degrees of freedom).
King et al is silent on terminating in a handle extending therefrom at an opposing second end of the support member; wherein the handle extends from the support member at an angle to the first axis of the support member.
Smart teaches an analogous ball jointed system with an elongated member and a support member for receiving the object extending along a first axis (Fig 1, support 28 for receiving an object 64, axis of member 12), movably secured to the first end of the first member via a first joint mechanism positioned at a first end of the support member (Fig 1, first joint 34), and terminating in a handle extending therefrom at an opposing second end of the support member (Fig 1, handle 66); wherein the handle extends from the support member at an angle to the first axis of the support member (Fig 1, handle 66 is angled relative to the support 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the surgical equipment of King et al to create an arm support and include a handle extending from its support member at an angle to the first axis of the support member as taught by Smart in order to allow for use in a variety of surgical procedures in which the arm must be held (Smart [0002]).
With respect to claim 3, King et al/Smart discloses the medical positioning apparatus of claim 2, wherein the support member is connected to the first joint mechanism at a second surface of the support member (King et al Fig 4, support connects to first joint 18 at a second surface 98,104).
With respect to claim 4, King et al/Smart discloses the medical positioning apparatus of claim 2, wherein the support member is configured to receive the object on a first surface of the support member (King et al Fig 4, support member configured to receive an object on its upper most and first surface).
With respect to claim 5, King et al/Smart discloses the medical positioning apparatus of claim 4, wherein the handle extends from the first surface of the support member (Smart Fig 1, handle 66 on a first surface of support 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the surgical equipment of King et al to be an arm support as taught by Smart in order to allow for use in a variety of surgical procedures in which the arm must be held (Smart [0002]).
With respect to claim 6, King et al/Smart discloses the medical positioning apparatus of claim 2, wherein the base member further comprises a first portion and a second portion in communication with each other (King et al Fig 1, base with first portion 58 and second portion 52, in communication as they connect and lock together).
With respect to claim 7, King et al/Smart discloses the medical positioning apparatus of claim 3 wherein the second portion of the base member extends at an angle to the first portion of the base member (King et al Fig 1, base with first portion 58 and second portion 52, angled relative to each other dependent on joint movement; See 112b rejection above).
With respect to claim 9, King et al/Smart discloses the medical positioning apparatus of claim 2, wherein the first and second joint mechanisms each comprise a ball and a socket operatively coupled together (King et al [0020], [0026], first and second joints are ball and socket so they have at least two degrees of freedom, operatively coupled through the internal pressure system).
With respect to claim 10, King et al/Smart discloses the medical positioning apparatus of claim 2, wherein the base member is securable to one of a bed, a table, or a chair (King et al [0015], mountable to a chair).
With respect to claim 11, King et al/Smart discloses the medical positioning apparatus of claim 2, further comprising a locking device operatively connected to the first and second joint mechanisms and the first member (King et al [0016], locking device).
With respect to claim 12, King et al/Smart discloses the medical positioning apparatus of claim 11, wherein the locking device is operable between a locked position in which the support member, the base member, and the first member are fixed, and a released position in which the support and base members are free to pivotally move with respect to the first member (King et al [0016], locking device restrict respective movement of all members and releases all members).
With respect to claim 13, King et al/Smart discloses the medical positioning apparatus of claim 12, wherein the locking device is passively biased in the locked position (King et al [0016], biased in lock position).
With respect to claim 14, King et al/Smart discloses the medical positioning apparatus of claim 12, wherein the locking device further comprises a first, second, and third locking units operatively connected to the first joint mechanism, the second joint mechanism, and the first member, respectively (King et al Fig 2, Fig 3, locking system 53a, 82, 102).
With respect to claim 20, King et al/Smart discloses the medical positioning apparatus of claim 12, further comprising a lock activation device to unlock the locking device biased in the locked position in order to adjust a relative position of the support member, the base member, and the first member (King et al [0016], activation system 31).
Claims 2 and 8 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 2008/0203249 (“Priest”) in view of US 2002/0128577 (“Smart”).
With respect to claim 2, Priest discloses A medical positioning apparatus for positioning and holding an object (Fig 5), comprising:
an elongated first member extending between a first end and a second end (Fig 5, elongated member 126,128);
a support member for receiving the object extending along a first axis (Fig 5, support member 112), movably secured to the first end of the first member via a first joint mechanism positioned at a first end of the support member (Fig 5, first joint 120), …
a base member movably secured to the second end of the first member via a second joint mechanism (Fig 5, base 119, second joint 122);
wherein the first and second joint mechanisms each have at least two rotational degrees of freedom (Fig 5, first joint 120 and second joint 122 are ball joints so they have at least two degrees of freedom).
Priest is silent on terminating in a handle extending therefrom at an opposing second end of the support member; wherein the handle extends from the support member at an angle to the first axis of the support member.
Smart teaches an analogous ball jointed system with an elongated member and a support member for receiving the object extending along a first axis (Fig 1, support 28 for receiving an object 64, axis of member 12), movably secured to the first end of the first member via a first joint mechanism positioned at a first end of the support member (Fig 1, first joint 34), and terminating in a handle extending therefrom at an opposing second end of the support member (Fig 1, handle 66); wherein the handle extends from the support member at an angle to the first axis of the support member (Fig 1, handle 66 is angled relative to the support 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the user support of Priest to create an arm support and include a handle extending from its support member at an angle to the first axis of the support member as taught by Smart in order to allow for use in a variety of surgical procedures in which the hand must be held and restricted (Smart [0002], [0027]).
With respect to claim 8, Priest/Smart discloses the medical positioning apparatus of claim 2, wherein the first member is telescopic and has an adjustable length (Priest Fig 5, [0024], telescoping first member 126,128).
Allowable Subject Matter
Claims 15-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHAEL E BREDEFELD whose telephone number is (571)270-5237. The examiner can normally be reached 8:00-5:00 Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alford Kindred can be reached at (571) 272-4037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786